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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGuire v McCuskey and Co Ltd [2013] NIIT 613_13IT (16 August 2013)
URL: http://www.bailii.org/nie/cases/NIIT/2013/613_13IT.html
Cite as: [2013] NIIT 613_13IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 613/13
CLAIMANT: James McGuire
RESPONDENT: McCuskey and Co Ltd
DECISION
The decision of the Industrial Tribunal is that the claimant did not have one year’s continuous service and accordingly the tribunal has no jurisdiction to entertain his claim of unfair dismissal.
Regarding the claimant’s claim of unlawful deductions from wages, it is agreed between the parties that the employer had no authority to make deductions of £350.00 from the claimant’s wages and accordingly we order the respondent to pay to the claimant the sum of £350.00.
Constitution of Tribunal:
Chairman: Miss E McCaffrey
Members: Mrs M O’Kane
Mr M McKeown
Appearances:
The claimant appeared in person.
The respondent was represented by Ms S Moran of Denis Mullan Solicitors.
1. We
found the claimant’s case in relation to his unfair dismissal claim was not
well-founded, on the basis that he did not have one year’s service at the date
of termination of employment. We gave our oral reasons at the hearing.
2. In relation to the claim of unlawful deductions from wages, it was agreed between the parties that the employer had made a deduction of £350.00 from the claimant’s wages. It was further conceded by the respondent’s representative that the employer had no authority to make such deductions and accordingly we order the respondent to pay to the claimant the sum of £350.00 in reimbursement of the unlawful deduction made.
3. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 30 July 2013, Belfast.
Date decision recorded in register and issued to parties: